Page:The Green Bag (1889–1914), Volume 21.pdf/166

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The Lake Erie Piracy Case for nearly fifty years, since the last war with England, and there could be no suspicion of a sympathy for slavery among the freedom-loving Britons, I found their hostility was probably dic tated by the natural jealousy of a smaller for a larger state, a community of feeling with the home government then almost avowedly inimical to us, as well as a sympathy for the "under dog" natural to most of us. Whatever its origin, the prejudice was unmistakable. The Grand Trunk Rail way, which depended largely upon Ameri can patronage, had been wise enough to take our depreciated money for passenger fares and incidentals; but off the line it was flouted at, with the remark that the South was sure to be successful, and that in a year the currency would be absolutely worthless. Our mission to Toronto was quickly noised abroad among the Southern refugees who thronged the city, and our entrance into the drawing-room of the Queen's Hotel was greeted with covert glances of curiosity and hatred, while the in evitable young lady at the piano wel comed us with renditions of "Dixie" and "My Maryland." I bore this badi nage with good humor, fortified by a secret consciousness that I held the winning card, though my witness, with the innate ardor of her sex, was inclined to resent it. But we were evidently the most unpopular persons in Toronto. I ought to add that this prejudice did not extend to the official class, who treated me with every possible courtesy, and complied with every request I made of them. The natural love of the British for fair play was everywhere manifest, and the courts were eminently just and impartial. The next morning I put myself in communication with the Crown attorney, and special counsel who had already

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been engaged by the Government, and learned that a writ of habeas corpus had been issued returnable at Osgood Hall, the legal centre of the Province, and that the proceedings were so defec tive that Burleigh would doubtless be discharged. It was agreed that my counsel should go to Osgood Hall^and fight for time, while I went to the Recorder, procured a new warrant and returned to Osgood Hall to await Burleigh's discharge. I was much em barrassed by the illness of the Crown attorney, and was forced to prepare my own papers with no knowledge whatever of Canadian statute law. As the Lakes were not then considered either by the Canadian or American courts as high seas, evidently a charge of piracy could not be sustained. I assumed, however, that a common law complaint for rob bery would be good. Acting upon this theory, I charged Burleigh with the robbery of certain small articles of per sonal property which the raiders had seized. Upon a warrant being issued, I took a cab and drove at a gallop to Osgood Hall, just in time to see Burleigh, who had at that moment been dis charged, leaving the court room in the centre of an enthusiastic crowd of his friends, shouting and throwing up their hands at having outwitted us. I simply said with as much coolness as I could muster in the somewhat electric atmo sphere about me, "Hold on, gentlemen. Not so fast. We have another warrant against Mr. Burleigh. Mr. Officer, there's your man." The deputy sheriff whom I had taken with me at once advanced and took Burleigh's arm. For a few minutes there was a tremendous excite ment. A rescue was proposed, and there were threats of lynching the d—d Yankee; but when it was explained to them that lynching was still a crime in Canada, and that the Canadian courts